Sirsi v. Solus
| Sirsi a Delaware Corporation doing business as Sirsidynix |
| Solus |
| 2:2023cv00875 |
| December 4, 2023 |
| US District Court for the District of Utah |
| Dale A Kimball |
| Daphne A Oberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 33 REFUND REQUEST FOR DUPLICATE FEE PAYMENT re #2 Complaint filed by Eixenberger, Michael.Authorized refunds for credit card or debit card payments will be processed through Pay.gov. Authorized refunds of ACH payments will be issued by check through the U.S. Treasury. A waiting period of up to 30 days may be required before your request is approved. If you have not received your refund after 40 days, please contact the clerk's office and ask to speak someone in the finance department. (Eixenberger, Michael) |
Filing 32
ORDER - The court has been advised that the parties are currently in arbitration before an emergency arbitrator. Therefore, the case is stayed pending arbitration, and the hearing set for Monday, December 18, 2023, at 2:00 p.m. is stricken. Furthermore, the #13 Motion to Expedite and the #31 Motion to Refer to Emergency Arbitrator are MOOT, and the #4 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED without prejudice. Defendant's #23 Motion to Stay is GRANTED. IT IS SO ORDERED. Signed by Judge Dale A. Kimball on 12/15/2023. (eat)
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| Filing 31 MOTION to Refer to Emergency Arbitrator and Notice of Limited Non-Opposition re #23 Defendant's MOTION to Stay re #13 MOTION to Expedite Hearing and Briefing Schedule On Consolidated Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support and Memorandum in Support (Stay Actio and Memorandum in Support filed by Plaintiff Sirsi. (Attachments: #1 Exhibit A - R. Carlos del Rosal Carmona to M. Eixenberger et al., #2 Exhibit B - Email from M. Eixenberger R. Carlos del Rosal Carmona et al, #3 Exhibit C - Ltr. from R. Carlos del Rosal Carmona) Motions referred to Daphne A. Oberg.(Burton, James) |
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Filing 30
DOCKET TEXT ORDER - All briefing deadlines related to Plaintiff's #4 MOTION for Temporary Restraining Order and Preliminary Injunction are STAYED pending the court's ruling on Defendant's #23 MOTION to Stay Action Due to Pending Arbitration. No attached document. Signed by Judge Dale A. Kimball on 12/12/2023. (eat)
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| Filing 29 NOTICE OF ZOOM HEARING ON MOTION re: #23 Defendant's MOTION to Stay Action Due to Pending Arbitration (Notice generated by Judge Kimball's Chambers): Motion Hearing is set for 12/18/2023, at 02:00 PM MST before Judge Dale A. Kimball. The hearing is set for one hour and is limited to the arbitration issue. Each side will have a half hour to make their arguments. The hearing will be conducted via Zoom. The Zoom participation information is as follows:Join ZoomGov Meeting:https://www.zoomgov.com/j/16133447407?pwd=RWtlVFM2c2tmWXZKYUp5NVhTbkZ5UT09Meeting ID: 161 3344 7407Password: 584299One tap mobile +16692545252,,16133447407#,,,,*584299# US (San Jose) +16692161590,,16133447407#,,,,*584299# US (San Jose)Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York)Meeting ID: 161 3344 7407Password: 584299Find your local number: https://www.zoomgov.com/u/acx9bO8sSS (eat) |
| Filing 28 Motions No Longer Referred: #13 Plaintiff's MOTION to Expedite Hearing and Briefing Schedule On Consolidated Motion for Temporary Restraining Order and Preliminary Injunction, #23 Defendant's MOTION to Stay. The district judge will address the motions. (med) |
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Filing 27
ORDER granting Defendant's #25 Motion for Leave to File Under Seal Exhibits A & E to the #24 Beeber Declaration. Signed by Judge Dale A. Kimball on 12/8/2023. (eat)
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| Filing 26 **SEALED DOCUMENT** re #24 Affidavit/Declaration in Support (NOT to motion),, filed by Defendant SolusNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Demand for Arbitration and Statement of Claim, #2 Exhibit E - Rule 39 Request Emergency Measures of Protection)(Berger, Arthur) |
| Filing 25 Defendant's MOTION for Leave to File Sealed Document re #24 Affidavit/Declaration in Support (NOT to motion),, Portions of Exhibits A & E filed by Defendant Solus. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Berger, Arthur) |
| Filing 24 AFFIDAVIT/Declaration of Jessie F. Beeber in Support re #23 Defendant's MOTION to Stay re #13 MOTION to Expedite Hearing and Briefing Schedule On Consolidated Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support and Memorandum in Support (Stay Actio filed by Solus. (Attachments: #1 Exhibit A - Demand for Arbitration and Statement of Claim - Redacted, #2 Exhibit B - November 17, 2023 Correspondence, #3 Exhibit C - November 20, 2023 Correspondence, #4 Exhibit D - ICDR Letter, #5 Exhibit E - Rule 39 Request for Emergency Measures of Protection - Redacted)(Berger, Arthur) |
| Filing 23 Defendant's MOTION to Stay and Response to #13 MOTION to Expedite Hearing and Briefing Schedule On Consolidated Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support and Memorandum in Support (Stay Action Pending Arbitration) filed by Defendant Solus. Motions referred to Daphne A. Oberg.(Berger, Arthur) Modified by adding clarifying docket text on 12/7/2023 (eat). |
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Filing 22
ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Jacob W. Goodman for Solus.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/7/2023. (eat)
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Filing 21
ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Eric A. Prager for Solus.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/7/2023. (eat)
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Filing 20
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Patrick J. Boyle for Solus.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/7/2023. (eat)
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Filing 19
ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Jessie F. Beeber for Solus.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 12/7/2023. (eat)
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| Filing 18 MOTION for Admission Pro Hac Vice of Jacob W. Goodman , Registration fee $ 50, receipt number AUTDC-4900655,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Solus. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Berger, Arthur) |
| Filing 17 MOTION for Admission Pro Hac Vice of Eric A. Prager , Registration fee $ 50, receipt number AUTDC-4900621,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Solus. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Berger, Arthur) |
| Filing 16 MOTION for Admission Pro Hac Vice of Patrick J. Boyle , Registration fee $ 50, receipt number AUTDC-4900607,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Solus. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Berger, Arthur) |
| Filing 15 MOTION for Admission Pro Hac Vice of Jessie F. Beeber , Registration fee $ 50, receipt number AUTDC-4900590,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Solus. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Berger, Arthur) |
| Filing 14 NOTICE of Intent to Respond by Solus re #13 MOTION to Expedite Hearing and Briefing Schedule On Consolidated Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support (Berger, Arthur) |
| Filing 13 MOTION to Expedite Hearing and Briefing Schedule On Consolidated Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support filed by Plaintiff Sirsi. Motions referred to Daphne A. Oberg.(Burton, James) |
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Filing 12
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 12/6/2023. (eat)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 12/5/2023. (eat)
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Filing 10
DOCKET TEXT ORDER granting Plaintiff's #3 Motion for Leave to File Overlength Consolidated Motion for Temporary Restraining Order and Preliminary Injunction; and granting Plaintiff's #5 Motion for Leave to File Exhibits A and B to the Motion for Temporary Restraining Order Under Seal. Signed by Judge Dale A. Kimball on 12/5/2023. No attached document. (eat)
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Filing 9
ORDER RE: PROCEDURES FOR EMERGENCY MOTION re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Sirsi. Signed by Judge Dale A. Kimball on 12/5/2023. (eat)
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| Filing 8 NOTICE of Appearance by Arthur B. Berger on behalf of Solus (Berger, Arthur) |
| Filing 7 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Sirsi. (Notice generated by Clerk's Office) Form due by 12/26/2023. (sg) |
| Filing 6 **SEALED DOCUMENT** re #5 MOTION for Leave to File Sealed Document re #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff SirsiNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A & B)(Burton, James) |
| Filing 5 MOTION for Leave to File Sealed Document re #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Sirsi. (Attachments: #1 Text of Proposed Order re: Motion to Seal)(Burton, James) |
| Filing 4 MOTION for Temporary Restraining Order and Memorandum in Support , MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Sirsi. (Attachments: #1 Exhibit C -Email from J. Beeber to J. Burton, dated November 17, 2023, #2 Exhibit D - Decl. of Berit Nelson, #3 Exhibit E - Ltr. from N. Wishart to S. Worthington, dated May 23, 2023, #4 Exhibit F - Email from. J. Richardson, #5 Exhibit G - Ltr. from J. Beeber, dated Jun. 1, 2023, #6 Exhibit H - Ltr. from J. Beeber to M. Towler, dated Jun. 12, 2023, #7 Exhibit I - Ltr. from J. Burton to J. Beeber (without exhibits), dated Jun. 16, 2023, #8 Exhibit J - Email from N. Wishart, dated Nov. 24, 2023, #9 Exhibit K - Solus Unaudited Financial Statement for the Year)(Burton, James) |
| Filing 3 Plaintiff's MOTION for Leave to File Overlength Consolidated Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support filed by Plaintiff Sirsi. (Attachments: #1 Text of Proposed Order)(Burton, James) |
| Filing 2 COMPLAINT FOR INJUNCTIVE RELIEF (Motion for Temporary Restraining Order to be filed separately) against Solus (Filing fee $ 405, receipt number BUTDC-4896137) filed by Sirsi. (Attachments: #1 Civil Cover Sheet) (Burton, James) |
| Filing 1 Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Sirsi is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (haa) |
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